The Oregon State Bar Board of Governors submitted to the court proposed amendments to the Oregon State Bar Rules of Procedure. The court considered the proposed amendments at its public meetings on June 13, 2000, and July 11, 2000. At its July 11, 2000, public meeting, the court voted to approve each of the proposed amendments, except that the court voted not to approve the proposed amendments to Bar Rule of Procedure (BR) 3.6(b)(iv) and BR 3.6(c)(iv), and voted to amend and refer to the Board of Governors the proposed amendments to BR 2.4(b)(2), BR 2.4(i)(2)(b), BR 4.4(a), and BR 10.7(a).

IT HEREBY IS ORDERED that the Oregon State Bar Rules of Procedure are amended as set out below, effective the date of this order (deleted text in italics and brackets; new text in boldface), the proposed amendments to BR 3.6(b)(iv) and BR 3.6(c)(iv) are not approved, and the proposed amendments to BR 2.4(b)(2), BR 2.4(i)(2)(b), BR 4.4(a), and BR 10.7(a), as amended by the court at its July 11, 2000, public meeting, are referred to the Oregon State Bar Board of Governors.

Rule 1.10    Filing.

(a) Any pleading or document to be filed with the Bar shall be delivered to Disciplinary Counsel, Oregon State Bar, 5200 S.W. Meadows Road, P.O. Box 1689, Lake Oswego, Oregon 97035-0889. Any pleading or document to be filed with the Supreme Court shall be delivered to the State Court Administrator, Case Records Division, Supreme Court Building, Salem, Oregon 97310. Any pleading or document to be filed with the State Chair of the Disciplinary Board, a regional chair or a trial panel chair shall be delivered to the intended recipient at his or her last designated business or residence address on file with the Bar.

(b) Filing may be accomplished by mail and shall be complete on deposit in the mail in the following circumstances: All pleadings or documents, including requests for review, required to be filed within a prescribed time, if mailed on or before the due date by first class mail through the United States Postal Service.

(c) If filing is not done as provided in subsection (b) of this rule, the filing shall not be timely unless the pleading or document is actually received by the intended recipient within the time fixed for filing.

(d) A copy of any pleading or document delivered for filing under these Rules must also be served by the party or attorney delivering it on other parties to the case. All service copies must include a certificate showing the date of delivery for filing. "Parties" for the purposes of this rule shall be the accused or applicant, or his or her attorney if the accused or applicant is represented, [the Bar] Disciplinary Counsel, and Bar Counsel.

(e) Proof of service shall appear on or be affixed to any pleading or document filed. Such proof shall be either an acknowledgment of service by the person served or be in the form of a statement of the date of personal delivery or deposit in the mail and the names and addresses of the persons served, certified by the person who has made service.

Rule 2.3    Local Professional Responsibility Committees And State Professional Responsibility Board.

(a) LPRCs.

(1) Appointment. The Board shall create a local professional responsibility committee for each of the districts into which the counties of the state are grouped by the Board for convenient administrative purposes. The size of each LPRC shall be as the Board determines except each LPRC shall be composed of at least three resident attorneys and at least one member of the public who is not an attorney. Chairpersons and members of LPRCs shall be appointed by the Board for one-year terms, and may be reappointed.

(2) Duties of LPRCs. It shall be the duty of each LPRC to investigate promptly all matters submitted to it by the SPRB or Disciplinary Counsel. Whether or not a majority of the membership of an LPRC are of the opinion that there is probable cause for a disciplinary proceeding by the Bar, a written report with the specific findings and recommendations of the LPRC shall be made promptly to the SPRB by the LPRC. Any member of an LPRC may conduct an investigation and submit a report on behalf of an LPRC to the SPRB, after first submitting such report to the chairperson of the LPRC of which he or she is a member. LPRCs shall perform such other duties on behalf of the Bar as may be referred to such LPRCs by the SPRB or Disciplinary Counsel.

(3) Authority.

(A) LPRCs shall have the authority to take evidence, administer oaths or affirmations, and issue subpoenas to compel the attendance of witnesses, including the attorney being investigated, and the production of books, papers and documents pertaining to the matter under investigation.

(B) A witness in an investigation conducted by an LPRC who testifies falsely, fails to appear when subpoenaed, or fails to produce any books, papers or documents pursuant to subpoena, shall be subject to the same orders and penalties to which a witness before a circuit court is subject. LPRCs may enforce any subpoena issued pursuant to BR 2.3(a)(3)(A) by application to any circuit court. The circuit court shall determine what sanction to impose, if any, for noncompliance.

(C) A member of an LPRC may administer oaths or affirmations and issue any subpoena provided for in BR 2.3(a)(3)(A).

(b) SPRB.

(1) Appointment. The Board shall create for the state at large a state professional responsibility board and appoint its members. The SPRB shall be composed of seven resident attorneys and two members of the public who are not attorneys. Two attorney members shall be from Board Region 5 and one attorney member shall be from each of the remaining Board regions. The public members shall be at-large appointees. Members of the SPRB shall be appointed for [three-year] four-year terms and shall not be reappointed. Each year the Board shall appoint one member of the SPRB as chairperson. The chairperson shall be an attorney. In the event the chairperson is unable to carry out any responsibility given to him or her by these rules, the chairperson may designate another member of the SPRB to do so.

(2) Duties of SPRB. The SPRB shall supervise the investigation of complaints, allegations, or instances of alleged misconduct on the part of attorneys and act on such matters as it may deem appropriate. A complaint by a client or other aggrieved person shall not be a prerequisite to the investigation of alleged misconduct by attorneys or the institution of disciplinary proceedings against any attorney.

(3) Authority.

(A) The SPRB shall have the authority to dismiss complaints, allegations or instances of alleged misconduct against attorneys, refer matters to Disciplinary Counsel or LPRCs for investigation, issue admonitions for misconduct, refer matters to the State Lawyers Assistance Committee, institute disciplinary proceedings against any attorney, or take other action within the discretion granted to the SPRB by these rules.

(B) The SPRB shall have the authority to adopt rules dealing with the handling of its affairs, subject to approval by the Board.

(C) The SPRB shall have the authority to take evidence, administer oaths or affirmations, and issue subpoenas to compel the attendance of witnesses, including the attorney being investigated, and the production of books, papers and documents pertaining to the matter under investigation.

(D) A witness in an investigation conducted by the SPRB who testifies falsely, fails to appear when subpoenaed, or fails to produce any books, papers or documents pursuant to subpoena, shall be subject to the same orders and penalties to which a witness before a circuit court is subject. The SPRB may enforce any subpoena issued pursuant to BR 2.3(b)(3)(A) by application to any circuit court. The circuit court shall determine what sanction to impose, if any, for noncompliance.

(E) A member of the SPRB or Disciplinary Counsel may administer oaths or affirmations and issue any subpoena provided for in BR 2.3(b)(3)(C).

(c) Resignation and Replacement. The Board may remove, at its discretion, or accept the resignation of, any officer or member of the SPRB or an LPRC and appoint a successor who shall serve the unexpired term of the member who is replaced.

Rule 2.4    Disciplinary Board.

(a) Composition. A disciplinary board shall be appointed by the Supreme Court. The Disciplinary Board shall consist of a state chairperson, 6 regional chairpersons, and 6 additional members for each Board region except for Region 1 which shall have 9 additional members, Region 5 which shall have 23 additional members, and Region 6 which shall have 11 additional members. Each regional panel shall contain 2 members who are not attorneys, except for Region 1 which shall have appointed to it 3 members who are not attorneys, Region 5 which shall have appointed to it 8 members who are not attorneys, and Region 6 which shall have appointed to it 4 members who are not attorneys. The remaining members of the Disciplinary Board shall be resident attorneys admitted to practice in Oregon at least 3 years. Except for the state chairperson who shall be an at-large appointee, members of each regional panel shall either maintain their principal office within their respective region or maintain their residence therein. The members of each region shall constitute a regional panel. Trial panels shall consist of 2 attorneys and 1 public member, except as provided in BR 2.4(f)(3). The state chairperson, regional chairpersons and trial panel chairpersons shall be attorneys.

(b) Term.

(1) Disciplinary Board members shall serve terms of 3 years. Disciplinary Board members shall not serve more than 2 terms. State and regional chairpersons shall serve in that capacity for terms of 1 year, subject to reappointment by the Supreme Court.

(2) Notwithstanding the number of Disciplinary Board members established in BR 2.4(a), the powers, jurisdiction and authority of Disciplinary Board members shall continue beyond the expiration of their appointment for the time required to complete the cases assigned to them during their term of appointment.

(c) Resignation and Replacement. The court may remove, at its discretion, or accept the resignation of, any member of the Disciplinary Board and appoint a successor who shall serve the unexpired term of the member who is replaced.

(d) Disqualifications.

(1) The disqualifications contained in the Code of Judicial Conduct shall apply to members of the Disciplinary Board.

(2) The following individuals shall not serve on the Disciplinary Board:

(A) A member of the Board, the SPRB, or an LPRC shall not serve on the Disciplinary Board during the member's term of office. This disqualification shall also preclude an attorney or public member from serving on the Disciplinary Board while any member of his or her firm is serving on the Board, the SPRB or an LPRC.

(B) No member of the Disciplinary Board shall sit on a trial panel with regard to subject matter considered by the Board, the SPRB or an LPRC while a member thereof or with regard to subject matter considered by any member of his or her firm while a member of the Board, the SPRB or an LPRC.

(e) Duties of State Chairperson.

(1) The state chairperson shall coordinate and supervise the activities of the Disciplinary Board, including the monitoring of timely preparation and filing of trial panel opinions.

(2) The state chairperson shall not be required to, but may, serve on trial panels during his or her term of office.

(3) The state chairperson shall resolve all challenges to the qualifications of regional chairpersons under BR 2.4(g) and all challenges to the qualifications of trial panels appointed in contested reinstatement proceedings.

(4) Upon receipt of written notice from Disciplinary Counsel of service of a statement of objections, the state chairperson shall appoint a trial panel and trial panel chairperson from an appropriate region. The state chairperson shall give written notice to Disciplinary Counsel, Bar Counsel and the applicant of such appointments.

(5) The state chairperson shall appoint a member of the Disciplinary Board to conduct pre-hearing conferences as provided in BR 4.6.

(6) The state chairperson may appoint Disciplinary Board members from any region to serve on trial panels or to conduct pre-hearing conferences as may be necessary to resolve the matters submitted to the Disciplinary Board for consideration.

(7) In matters involving final decisions of the Disciplinary Board under BR 10.1, the state chairperson shall review statements of costs and disbursements and objections thereto and shall fix the amount of actual and necessary costs and disbursements to be recovered by the prevailing party.

(f) Duties of Regional Chairperson.

(1) Upon receipt of written notice from Disciplinary Counsel of service of a formal complaint, the regional chairperson shall appoint a trial panel from the members of the regional panel and a chairperson thereof. The regional chairperson shall give written notice to Disciplinary Counsel, Bar Counsel and the accused of such appointments.

(2) Except as provided in BR 2.4(e)(3), the regional chairperson shall rule on all challenges to the qualifications of members of the trial panels in his or her region under BR 2.4(g).

(3) Upon the stipulation of the Bar and an accused, the regional chairperson shall appoint one attorney member from the regional panel to serve as the sole adjudicator in a disciplinary proceeding. In such case, the member appointed shall have the same duties and authority under these rules as a three member trial panel.

(4) The regional chairperson may serve on trial panels during his or her term of office.

(5) The regional chairperson shall rule on all questions of procedure and discovery that arise prior to the appointment of a trial panel and trial panel chairperson.

(g) Challenges. The Bar and an accused or applicant shall be entitled to one peremptory challenge and an unlimited number of challenges for cause as may arise under the Code of Judicial Conduct or these rules. Any such challenges shall be filed in writing within seven days of written notice of an appointment of a trial panel with the regional chairperson for disciplinary proceedings and the state chairperson for contested admission and reinstatement proceedings or for cases involving challenges to a regional chairperson. Challenges for cause shall state the reason for the challenge. The regional chairperson or the state chairperson, as the case may be, shall notify Disciplinary Counsel, Bar Counsel and the accused or applicant in writing of all rulings on challenges. These provisions shall apply to all substitute appointments, except that neither the Bar nor an accused or applicant shall have more than 1 peremptory challenge. The Bar and an accused or applicant may waive a disqualification of a member in the same manner as in the case of a judge under the Code of Judicial Conduct.

(h) Duties of Trial Panel Chairperson. Disciplinary Counsel shall mail to the trial panel finally selected a copy of the formal complaint or statement of objections and answer of the accused or applicant. Upon receipt of the pleadings from Disciplinary Counsel, the trial panel chairperson shall promptly establish the date and place of hearing pursuant to BR 5.4 and notify in writing Disciplinary Counsel, Bar Counsel, and the accused or applicant of the date and place of hearing. [The hearing date shall be not less than 42 days nor more than 91 days from the date the pleadings are received by the trial panel chairperson.] The trial panel chairperson shall rule on all pre-hearing matters, except for challenges under BR 2.4(e)(3). The trial panel chairperson shall convene the hearing, oversee the orderly conduct of the same, and timely file the written opinion of the trial panel.

(i) Duties of Trial Panel.

(1) Trial. It shall be the duty of a trial panel to which a disciplinary or contested reinstatement proceeding has been referred, promptly to try the issues. The trial panel shall pass on all questions of procedure and admission of evidence.

(2) [Briefs. Briefs, if any, shall be filed with the trial panel no later than 7 days prior to the hearing, provided that the trial panel chairperson may, in his or her discretion, where new or additional issues have arisen, grant 7 days additional time for the filing of briefs on those issues.]

[(3)](a) Opinions. The trial panel shall render a written opinion signed by the concurring members of the trial panel. A dissenting member shall note the dissent and may file a dissenting opinion attached to the majority opinion of the trial panel. The majority opinion shall include specific findings of fact, conclusions and a disposition. The original opinion shall be filed with Disciplinary Counsel, with a copy sent to Bar Counsel and the accused or applicant, and a copy filed with the State Court Administrator. It shall be filed within 21 days after the conclusion of the hearing, the settlement of the transcript if required under BR 5.3(e), or the filing of briefs if requested by the trial panel chairperson pursuant to BR [2.4(i)(2)] 4.8 , whichever is later.

(b) Extensions of Time to File Opinions. If additional time is required by the trial panel to render its opinion, it may file a request for an extension of time with the state chairperson prior to the expiration of the applicable 21 day period. Disciplinary Counsel, Bar Counsel, and the accused or applicant shall be given written notice of such request and shall be notified by the state chairperson in writing of the extension decision.

[(4)] (3) Record. The trial panel shall keep a record of all proceedings before it, including a transcript of the evidence and exhibits offered and received, and shall promptly file such record with Disciplinary Counsel.

[(5)] (4) Notice. [Copies of the opinion of the trial panel shall be mailed promptly by Disciplinary Counsel to Bar Counsel and the accused or applicant.] Disciplinary Counsel shall mail promptly to Bar Counsel and the accused or applicant a notice acknowledging receipt of the opinion from the trial panel.

(j) Publications.

(1) Disciplinary Counsel shall cause to be prepared, on a periodic basis, a reporter service containing the full text of all Disciplinary Board decisions not reviewed by the Supreme Court. The reporter service shall be distributed to all state and county law libraries[, bar counsel] and members of the Disciplinary Board [, LPRC and SPRB].

(2) Disciplinary Counsel shall have printed in the Bar Bulletin, on a periodic basis, summaries of Supreme Court contested admission, contested reinstatement and disciplinary decisions and summaries of all Disciplinary Board decisions not reviewed by the Supreme Court.

Rule 2.5    Investigation Of Complaints.

(a) Complaints To Be In Writing. All complaints made against an attorney shall be in writing and shall be referred to Disciplinary Counsel, who shall evaluate the information contained in the complaint. If the facts alleged do not raise an arguable complaint of misconduct, Disciplinary Counsel shall, within 14 days after receipt of the complaint, dismiss the complaint and notify the complainant and the attorney in writing of the dismissal. A complainant may [request] contest in writing [that] the action taken by Disciplinary Counsel in dismissing his or her complaint [be reviewed by the SPRB], in which case Disciplinary Counsel shall submit a report on the complaint to the SPRB at a scheduled meeting. The SPRB shall thereafter take such action as it deems appropriate on such complaint.

(b) Review by Disciplinary Counsel.

(1) If the facts alleged raise an arguable complaint of misconduct, Disciplinary Counsel shall, within 14 days after receipt of the complaint, mail a copy of said complaint to the attorney and notify the attorney that he or she must respond to the complaint in writing to Disciplinary Counsel within 21 days of the date Disciplinary Counsel mailed the complaint to the attorney. Disciplinary Counsel may grant an extension of time to respond for good cause shown upon the written request of the attorney.

(2) If the attorney fails to respond within the time allowed, Disciplinary Counsel [shall] may refer the complaint to the chairperson of an appropriate LPRC within 14 days of the time set for the response. The procedure set forth in BR 2.5(e) shall be followed. Disciplinary Counsel shall inform the complainant and the attorney in writing of this action.

(c) Dismissal by Disciplinary Counsel. If, after considering the complaint, the response of the attorney, and any additional information deemed relevant, Disciplinary Counsel determines that probable cause does not exist to believe misconduct has occurred, the complaint shall be dismissed. The complainant and the attorney shall be notified in writing by Disciplinary Counsel of the dismissal. A complainant may [request] contest in writing [that] the action taken by Disciplinary Counsel in dismissing his or her complaint [be reviewed by the SPRB], in which case Disciplinary Counsel shall submit a report on the complaint to the SPRB at a scheduled meeting. The SPRB shall thereafter take such action as it deems appropriate on such complaint.

(d) Review by SPRB.

(1) If the attorney furnishes a response from which Disciplinary Counsel determines that misconduct may be involved, the complaint shall be referred by Disciplinary Counsel to an appropriate LPRC for further investigation, or referred by Disciplinary Counsel to the SPRB at a scheduled meeting. If the complaint is referred to an LPRC by Disciplinary Counsel, the procedure specified in BR 2.5(e) shall be followed. Otherwise, the SPRB shall evaluate the complaint based on the report of Disciplinary Counsel to determine whether probable cause exists to believe misconduct has occurred. The SPRB shall either dismiss the complaint, refer it to an LPRC, admonish the attorney, approve the filing of a formal complaint by the Bar against the attorney, or take action within the discretion granted to the SPRB by these rules.

(A) If the SPRB determines that probable cause does not exist to believe misconduct has occurred, the complaint shall be dismissed and the complainant and the attorney shall be notified of the dismissal in writing by Disciplinary Counsel.

(B) If the SPRB determines that the attorney should be admonished, such procedure shall be initiated within 14 days of the SPRB's meeting. If an attorney refuses to accept the admonition within the time specified by Disciplinary Counsel, a formal complaint shall be filed by the Bar against the attorney. Disciplinary Counsel shall notify the complainant and the attorney in writing of this action.

(C) If the SPRB determines that the complaint should be investigated further, Disciplinary Counsel shall conduct the investigation or submit the complaint to the appropriate LPRC within 14 days of the SPRB's meeting. Disciplinary Counsel shall notify the complainant and the attorney in writing of this action.

(e) LPRC Investigations and Reports.

(1) The chairperson of the LPRC shall cause an investigation of the complaint to be conducted and completed within 63 days of the chairperson's receipt of the referral from Disciplinary Counsel.

(2) The LPRC shall file a report with Disciplinary Counsel within 14 days after the investigation is completed. The report shall contain the specific findings and recommendations of the LPRC.

(f) Further Review by SPRB.

(1) Disciplinary Counsel shall submit the LPRC's report to the SPRB at a scheduled meeting. The SPRB shall evaluate the complaint based on the LPRC's report and the report of Disciplinary Counsel to determine whether probable cause exists to believe misconduct has occurred. The SPRB shall either dismiss the complaint, have it investigated further, admonish the attorney, approve the filing of a formal complaint against the attorney, or take action within the discretion granted to the SPRB by these rules.

(A) If the SPRB determines that probable cause does not exist to believe misconduct has occurred, the complaint shall be dismissed and the complainant and the attorney shall be notified of the dismissal in writing by Disciplinary Counsel.

(B) If the SPRB determines that the attorney should be admonished, such action shall be initiated within the time set forth in BR 2.5(d)(1)(B). If an attorney refuses to accept the admonition within the time specified by Disciplinary Counsel, a formal complaint shall be filed by the Bar against the attorney. Disciplinary Counsel shall notify the complainant and the attorney in writing of this action.

(C) If the SPRB determines that further investigation is needed, Disciplinary Counsel shall conduct the investigation or, within 14 days of the SPRB's meeting, refer the matter to the chairperson of the appropriate LPRC which shall conduct a further investigation in accordance with BR 2.5(e). The further investigation by an LPRC shall be completed within 28 days and a report shall be filed with Disciplinary Counsel within 7 days after the further investigation is completed. Disciplinary Counsel shall notify the complainant and the attorney in writing of this action. The report of the further investigation shall be submitted to the SPRB at a scheduled meeting, at which the SPRB shall take action in accordance with BR 2.5(f)(1).

(2) The SPRB may grant to an LPRC additional time to investigate a complaint if a request for additional time with the reasons therefor is submitted by the chairperson of the LPRC to Disciplinary Counsel for presentation to the SPRB. Disciplinary Counsel shall notify the attorney and the complainant in writing [of any such request and] of the action taken by the SPRB on any such request.

(g) Reconsideration; Discretion to Rescind.

(1) A decision by the SPRB to dismiss a complaint or allegation of misconduct against an attorney shall not preclude reconsideration or further proceedings on such complaint or allegation if evidence not available or submitted at the time of such dismissal justifies, in the judgment of not less than a majority of SPRB, such reconsideration or further proceedings.

(2) A decision by the SPRB to file a formal complaint against an attorney for misconduct may be rescinded by the SPRB only when, to the satisfaction of a majority of the entire SPRB, good cause exists. Good cause is:

(A) new evidence which would have clearly affected the SPRB's decision to file a formal complaint; or

(B) legal authority, not known to the SPRB at the time of its last consideration of the matter, which establishes that the SPRB's decision to file a formal complaint was incorrect.

(h) Approval of Charges.

(1) If the SPRB determines that a formal complaint should be filed against an attorney, [the SPRB shall instruct] or if an attorney rejects an admonition offered by the SPRB, Disciplinary Counsel [to] may appoint Bar Counsel [for that purpose]. The attorney and the complainant shall be notified in writing by Disciplinary Counsel of such action. [Bar Counsel shall also be appointed by Disciplinary Counsel for the purpose of filing a formal complaint against an attorney if the attorney rejects an admonition offered by the SPRB.]

(2) Notwithstanding a determination by the SPRB that probable cause exists to believe misconduct has occurred, the SPRB shall have the discretion to direct that no further action on a complaint or allegation of misconduct be taken by the Bar if one or more of the following circumstances exist: the attorney is no longer an active member of the Bar or is not engaged in the practice of law, and is required under BR 8.1 to demonstrate good moral character and general fitness to practice law before resuming active membership status or the practice of law in Oregon; other disciplinary proceedings are pending that are likely to result in the attorney's disbarment; other disciplinary charges are authorized or pending and the anticipated sanction, should the Bar prevail on those charges, is not likely to be affected by a guilty finding in the new matter or on an additional charge; or formal disciplinary proceedings are impractical in light of the circumstances or the likely outcome of the proceedings. An exercise of discretion under this rule to take no further action on complaint or allegation of misconduct shall not preclude further consideration or proceedings by the SPRB on such complaint or allegation in the future.

(i) Investigation of Complaints Against Disciplinary Counsel, [or] General Counsel or other Bar agents. Complaints of misconduct concerning disciplinary counsel or general counsel of the Oregon State Bar, or complaints that Bar Counsel or members of an LPRC have engaged in misconduct while acting on the Bar's behalf, shall be referred to the chairperson of the State Professional Responsibility Board within seven days of their receipt by the Bar.

(1) If the SPRB chairperson determines that probable cause does not exist to believe misconduct has occurred, the complaint shall be dismissed and the parties shall be notified of the dismissal in writing by the SPRB chairperson.

(2) If the SPRB chairperson determines the complaint should be investigated, the SPRB chairperson may appoint a local professional responsibility committee or an investigator of his or her choice to investigate the matter and to report on the matter directly to the SPRB. The same procedure shall, as far as practicable, apply to the investigation of such complaints as apply to members of the Oregon State Bar generally.

Rule 3.4    Conviction Of Attorneys.

(a) Referral of Convictions to Court. Disciplinary Counsel, after reporting on the matter to the SPRB, shall promptly notify the court after receiving notice that an attorney has been convicted in any jurisdiction of an offense that is a misdemeanor which may involve moral turpitude or is a felony under the laws of this state, or is punishable by death or imprisonment under the laws of the United States. Disciplinary Counsel shall file a copy of the documents which show the conviction and a statement of the SPRB's recommendation regarding the imposition of a suspension with the court, with written notice to the attorney. A "conviction" for the purposes of this rule shall be considered to have occurred upon entry of a plea of guilty or no contest or upon entry of a finding or verdict of guilty.

(b) Response of Attorney. Any written material the attorney wishes the court to consider in the matter must be filed with the court within 14 days of the filing of the Bar's statement, with proof of service on Disciplinary Counsel.

(c) Response of Bar. The Bar shall have 7 days from the filing of written material by the attorney with the court to file with the court a response thereto. The Bar shall submit to the court proof of service of its response on the attorney.

(d) Suspension. Upon review of the documents showing the conviction and the material filed by the attorney and the Bar, the court may suspend the attorney from the practice of law until further order of the court. An attorney suspended from practice under this rule shall comply with the requirements of BR 6.3(a) and (b).

(e) Hearing. Whether or not the court suspends the attorney, the court may refer the matter to the Disciplinary Board, with written notice to Disciplinary Counsel and the attorney, for the scheduling of a hearing before a trial panel. The hearing shall be to determine what discipline, if any, should be imposed for the attorney's conviction. Upon receipt of notice of a referral of a conviction matter to the Disciplinary Board, Disciplinary Counsel [shall] may appoint Bar Counsel to file a formal complaint regarding the conviction. The same rules as apply in a disciplinary proceeding shall apply in a conviction proceeding.

(f) Independent Charges; Consolidated Proceedings. The SPRB may cause disciplinary charges to be filed against the attorney independent of the fact of the attorney's conviction. In such case those charges shall be consolidated for hearing with the conviction matter, if the conviction matter has been referred to the Disciplinary Board by the court.

(g) Review by Court. The trial panel's decision shall be subject to review by the court as is authorized in Title 10 of these rules.

(h) Reinstatement Rules Apply. The rules on reinstatement shall apply to attorneys suspended or disbarred pursuant to the procedure set forth in BR 3.4(e), (f) and (g).

(i) Relief From Suspension. If an attorney's conviction is reversed on appeal, and such reversal has become a final order not subject to further appeal or review, or the attorney has been granted a new trial which order has become final, a suspension or discipline previously ordered shall be vacated upon the court's receipt of the judgment of reversal or order granting the attorney a new trial. Reversal of the attorney's conviction on appeal or the granting of a new trial does not require the termination of any disciplinary proceeding based upon the same facts which gave rise to the conviction.

Rule 3.5    Reciprocal Discipline.

(a) Notice to Court. Disciplinary Counsel, after reporting on the matter to the SPRB, shall promptly notify the court after receiving notice that an attorney has been disciplined for misconduct in another jurisdiction. Disciplinary Counsel shall file a copy of the judgment, order or determination of discipline with the court, with written notice to the attorney. A plea of no contest, a stipulation for discipline or a resignation while formal charges are pending shall be considered a judgment or order of discipline for the purposes of this rule. The judgment or order or determination of discipline shall be accompanied by a recommendation of the SPRB as to the imposition of discipline in Oregon based on the discipline in the jurisdiction whose action is reported to the court, and such other information as the Bar deems appropriate to file with the court.

(b) Judgment Sufficient Evidence of Misconduct. A copy of the judgment, order or determination of discipline shall be sufficient evidence for the purposes of this rule that the attorney committed the misconduct described therein.

(c) Answer of Attorney. The attorney shall have 21 days from the filing of the judgment, order, or determination of discipline with the court to file with the court an answer discussing the following issues:

(1) Was the procedure in the jurisdiction which disciplined the attorney lacking in notice or opportunity to be heard?

(2) Should the attorney be disciplined by the court?

The attorney shall mail a copy of his or her answer to Disciplinary Counsel and file proof of mailing with the court.

(d) Reply of Bar. The Bar shall have 14 days from the expiration of the time specified in BR 3.5(c) in which to file a reply to the attorney's answer with the court. The Bar shall mail a copy to the attorney and file proof of mailing with the court.

(e) Review by Court; Referral for Hearing. Upon review of the judgment, order or determination of discipline and the response and answer filed by the attorney and the Bar, and after oral argument if ordered by the court, the court shall determine whether the attorney should be disciplined in Oregon for misconduct in another jurisdiction and if so, in what manner. The court, in its discretion, may refer the matter to the Disciplinary Board, with written notice to Disciplinary Counsel and the attorney, for the purpose of taking testimony on the issues set forth in BR 3.5(c)(1) and (2). Upon receipt of a notice of referral to the Disciplinary Board, Disciplinary Counsel [shall] may appoint Bar Counsel to file a formal complaint regarding the issues before the Disciplinary Board. The same rules as apply in a disciplinary proceeding shall apply in a reciprocal discipline proceeding.

(f) Burden of Proof. The attorney shall have the burden of proving in any hearing held pursuant to BR 3.5(e) that due process of law was not afforded the attorney in the other jurisdiction.

(g) Hearing; Review by Court. A trial panel appointed by the state chairperson shall make a decision concerning the issues submitted to it. The trial panel's decision shall be subject to review by the court as is authorized in Title 10 of these rules.

(h) Suspension. The court may suspend an attorney from the practice of law in this state at the time it approves a referral of the matter to the Disciplinary Board for hearing. The suspension shall remain in effect until otherwise ordered by the court. An attorney suspended under this rule shall comply with the requirements of BR 6.3(a) and (b).

(i) Reinstatement Rules Apply. The rules on reinstatement shall apply to attorneys suspended or disbarred pursuant to the procedure set forth in BR 3.5(e), (f) and (g).

(j) Independent Charges. Nothing in this rule shall preclude the filing of disciplinary charges by the Bar against an attorney for misconduct in any jurisdiction.

Rule 3.6    Discipline By Consent.

(a) Application. Any [formal disciplinary complaint] allegation of misconduct may be disposed of by a no contest plea, or by a stipulation for discipline, entered into at any time after [service of the formal complaint upon the accused] the SPRB finds probable cause that misconduct has occurred.

(b) No Contest Plea. A plea of no contest to all causes or any cause of a formal complaint, or to allegations of misconduct if a formal complaint has not been filed, shall be verified by the accused and shall include:

(i) A statement that the plea has been freely and voluntarily made by the accused;

(ii) A statement that the accused does not desire to defend against the formal complaint or any designated cause thereof, or against an allegation of misconduct not yet pled;

(iii) A statement that the accused agrees to accept a designated form of discipline in exchange for the no contest plea;

(iv) A statement of the accused's prior record of reprimand, suspension or disbarment, or absence of such record.

(c) Stipulation for Discipline. A stipulation for discipline shall be verified by the accused and shall include:

(i) A statement that the stipulation has been freely and voluntarily made by the accused;

(ii) A statement that explains the particular facts and violations to which the Bar and the accused are stipulating;

(iii) A statement that the accused agrees to accept a designated form of discipline in exchange for the stipulation;

(iv) A statement of the accused's prior record of reprimand, suspension or disbarment, or absence of such record.

(d) Approval of SPRB. Pleas of no contest and stipulations shall be approved as to form by Disciplinary Counsel and approved in substance by the chairperson of the SPRB or a member of the SPRB designated by the chairperson. The plea or stipulation, if acceptable to the [Bar] SPRB and the accused, shall be filed by Disciplinary Counsel with the state chairperson of the Disciplinary Board if the full term of the discipline agreed upon does not exceed a 6-month suspension[,]; otherwise it shall be filed with the State Court Administrator for review by the court.

(e) Review by Disciplinary Board or Court. The Disciplinary Board or the court, as the case may be, shall review the plea or stipulation. If the matter is submitted to the Disciplinary Board, it shall be reviewed by the state chairperson and the regional chairperson in the region the [member] accused maintains his or her principal place of business. If the accused does not maintain a place of business in Oregon, the plea or stipulation shall be reviewed by the regional chair for Region 5. The state chairperson and regional chairperson shall have the authority to act on the matter for the Disciplinary Board. If the Disciplinary Board or the court approves the plea or stipulation a decision shall be issued so stating. If the plea or stipulation is rejected by the Disciplinary Board or the court it may not be used as evidence of misconduct against the accused in the pending or in any subsequent disciplinary proceeding.

(f) Costs. The Bar may file a cost bill with the Disciplinary Board or the court, as the case may be, within 21 days of the filing of the decision of the Disciplinary Board or the court in matters submitted under this rule. The Accused, if he or she desires to contest the Bar's statement of costs, must file verified objections with proof of service on Disciplinary Counsel with the state chairperson of the Disciplinary Board or the court within 7 days from the date of filing of the Bar's cost bill. The state chairperson of the Disciplinary Board or the court, as the case may be, may fix the amount of the Bar's actual and necessary costs and disbursements incurred in the proceeding to be paid by the accused.

(g) Supplementing Record. If the Disciplinary Board or the court concludes that facts are not set forth in sufficient detail to enable it to form an opinion as to the propriety of the discipline agreed upon, the Disciplinary Board or court may request that additional stipulated facts be submitted or it may disapprove the plea or stipulation.

(h) Confidentiality. A plea or stipulation prepared for the Disciplinary Board or the court's consideration shall not be subject to public disclosure prior to Disciplinary Board or court approval of the plea or stipulation or if rejected by the Disciplinary Board or court.

Rule 4.1    Formal Complaint.

(a) Designation of Counsel and Region. If it shall appear to the SPRB that probable cause exists to believe an attorney has engaged in misconduct and that formal proceedings are warranted, it shall refer the matter to Disciplinary Counsel with instructions to file specified charges against the attorney. Disciplinary Counsel, being so advised, [shall] may appoint Bar Counsel and, upon the service of a formal complaint upon an accused, request that the Disciplinary Board appoint a trial panel in the appropriate region selected pursuant to BR 5.3(a).

(b) Filing. Disciplinary Counsel or Bar Counsel shall prepare and file a formal complaint against the attorney on behalf of the Bar. Proceedings thereon shall then be had as herein provided. The formal complaint shall be in substantially the form set forth in BR 12.1.

(c) Substance of Formal Complaint. A formal complaint shall be signed by [the Executive Director] Disciplinary Counsel, or his or her designee, and shall set forth succinctly the acts or omissions of the accused, including the specific statutes or disciplinary rules violated, so as to enable the accused to know the nature of the charge or charges against the accused. When more than one act or transaction is relied upon, the allegations shall be separately stated and numbered. The formal complaint need not be verified.

(d) Consolidation of Charges and Proceedings. The Bar, at the direction of the SPRB, may consolidate in a formal complaint two or more causes of complaint against the same attorney or attorneys, but shall file a separate formal complaint against each accused. The findings and conclusions thereon may be either joint or separate, as the trial panel, in its discretion, may determine. The Bar, at the discretion of the SPRB, may also consolidate formal complaints against two or more attorneys for hearing before one trial panel.

Rule 4.2    Service Of Formal Complaint.

(a) Manner of Service of Formal Complaint. A copy of the formal complaint, accompanied by a notice to answer it within 14 days, may be personally served on the accused, his or her in-state agent or as otherwise permitted by Bar Rule 1.12. The notice to answer shall be substantially the form set forth in BR 12.3.

(b) Alternative Service of Formal Complaint. The Bar may request the Supreme Court to authorize the service of a formal complaint and notice to answer on the Accused pursuant to ORCP 7.D(6).

(c) Proof of Service of Complaint. Proof of personal service shall be made in the same manner as in a case pending in a circuit court.

(d) Service of Amended Formal Complaint. An amended formal complaint may be served by mail, provided the original formal complaint was served upon the accused in the manner provided by BR 4.2(a) or (b).

(e) Disregard of Error. Failure to comply with any provision of this rule or BR 1.12 shall not affect the validity of service if the Accused received actual notice of the substance and pendency of the disciplinary proceedings.

Rule 4.3    Answer.

(a) Time to Answer. The accused shall answer the formal complaint within 14 days of service of the formal complaint.

(b) Extensions. The accused may, in writing, request an extension of time to file his or her answer from [Bar] Disciplinary Counsel. The request for extension must be received by [Bar] Disciplinary Counsel within the time the accused is required to file an answer. [Bar Counsel may allow one extension for not longer than 14 days.]

(c) Trial Panel Authority. Upon application of either the Bar [Counsel] or the accused, the trial panel chairperson to which the matter is assigned, or the regional chairperson if a trial panel chairperson has not been appointed, may extend the time for filing any pleading or for filing any document required or permitted to be submitted to the trial panel, except as otherwise provided in these rules.

(d) Form of Answer. The accused's answer shall be responsive to the formal complaint filed. General denials shall not be allowed. The answer shall be substantially in the form set forth in BR 12.3 and shall be verified by the accused. The original shall be filed with Disciplinary Counsel and a copy mailed by the accused to Bar Counsel.

Rule 4.4    Pleadings and Amendments.

(a) Pleadings. The only permissible pleadings shall be a formal complaint and an answer, and amendments thereto, except for a motion to require a formal complaint to comply with BR 4.1(c) and an answer to comply with BR 4.3(d).

(b) Amendments.

(1) A formal complaint can be amended at any time after filing, in amplification of the original charges, to add new charges, or to withdraw charges. In case of amendments, however, the accused shall be given a reasonable time, set by the trial panel chairperson or the regional chairperson if a trial panel chairperson has not been appointed, to answer the amended formal complaint, to procure evidence and to prepare to meet the matters raised by the amended formal complaint.

(2) An answer can be amended at any time after filing. In the case of amendments, however, the Bar shall be given a reasonable time, set by the trial panel chairperson or the regional chairperson if a trial panel chairperson has not been appointed, to procure evidence and to prepare to meet the matters raised by the amended answer.

Rule 4.5    Discovery.

(a) General. Discovery in disciplinary proceedings is intended to promote identification of issues and a prompt and fair hearing on the charges. Discovery shall be conducted expeditiously by the Bar [Counsel] and the accused, and shall be completed within 14 days prior to the date of hearing unless extended for good cause by the trial panel chairperson.

(b) Permitted Discovery.

(1) Requests for admission, requests for production of documents, and depositions may be utilized in disciplinary proceedings.

(2) The manner of taking depositions shall conform as nearly as practicable to the procedure set forth in the Oregon Rules of Civil Procedure. Subpoenas may be issued when necessary by the trial panel chairperson, Bar Counsel, Disciplinary Counsel, the accused or his or her attorney of record. Depositions may be taken any time after service of the formal complaint.

(3) Transcripts of depositions in disciplinary proceedings shall comply with the Rules of Appellate Procedure of the Supreme Court as to form. A person who is deposed may request at the time of deposition to examine the person's transcribed testimony. In such case, the procedure set forth in the Oregon Rules of Civil Procedure shall be followed as far as practicable.

(4) The manner of making requests for the production of documents shall conform as nearly as practicable to the procedure set forth in the Oregon Rules of Civil Procedure. Requests for production may be served any time after service of the formal complaint with responses due within 21 days.

(5) The manner of making requests for admission shall conform as nearly as practicable to the procedure set forth in the Oregon Rules of Civil Procedure. Requests for admission may be served any time after service of the formal complaint with responses due within 21 days.

(c) Discovery Procedure. All discovery questions shall be resolved by the trial panel chairperson on motion, or by the regional chairperson if a trial panel chairperson has not been appointed. Discovery motions, including motions for limitation of discovery, shall be in writing. All such motions shall be filed with the trial panel chairperson and a copy mailed to Bar Counsel or the accused, and Disciplinary Counsel. The Bar [Counsel] or the accused shall have 7 days from filing of a motion with a trial panel chairperson in which to file a response, unless the time is shortened by the trial panel chairperson for good cause. Upon expiration of the time for response, the trial panel chairperson shall promptly rule on the motion, with or without argument at the discretion of the trial panel chairperson. Argument on any motion may be heard by conference telephone call. Rulings on discovery motions shall be in writing with copies mailed to Bar Counsel, the accused, and Disciplinary Counsel.

(d) Limitations on Discovery. In the exercise of his or her discretion, the trial panel chairperson shall impose such terms or limitations on the exercise of discovery as may appear necessary to prevent undue delay or expense in bringing the matter to hearing and to promote the interests of justice.

(e) Discovery Sanctions. For failure to provide discovery as required under BR 4.5, the trial panel chairperson may make such rulings as are just, including, but not limited to, the following:

(1) A ruling that the matters regarding which the ruling was made or any other designated fact shall be taken to be established for the purposes of the proceeding in accordance with the claim of the litigant obtaining the ruling; or

(2) A ruling refusing to allow the disobedient litigant to support or oppose designated claims or defenses, or prohibiting the disobedient litigant from introducing designated matters in evidence.

In addition, any witness who testifies falsely, fails to appear when subpoenaed, or fails to produce any documents pursuant to subpoena, shall be subject to the same orders and penalties to which a witness before a circuit court is subject. Subpoenas issued pursuant to BR 4.5 may be enforced by application of the Bar or accused to any circuit court. The circuit court shall determine what sanction to impose, if any, for noncompliance.

(f) Rulings Interlocutory. Discovery rulings are interlocutory.

Rule 4.8    Briefs. Briefs, if any, shall be filed with the trial panel no later than 7 days prior to the hearing, provided that the trial panel chairperson may, in his or her discretion, where new or additional issues have arisen, grant 7 days additional time for the filing of briefs on those issues.

Rule 5.3    Location Of Hearing; Subpoenas; Testimony.

(a) Location. In the trial of any disciplinary proceeding, the hearing shall be held either in the county in which the person charged maintains his or her office for the practice of law or other business, in which he or she resides, or in which the offense is alleged to have been committed, in the discretion of the trial panel chairperson. With the consent of the accused, the hearing may be held elsewhere. In the trial of a disciplinary proceeding involving an accused who does not maintain an office or residence in Oregon and the alleged misconduct did not occur in Oregon, or in the trial of any contested reinstatement matter, the hearing shall be held at a location designated by the state chairperson of the Disciplinary Board.

(b) Subpoenas. The Executive Director, the state chairperson or regional chairpersons of the Disciplinary Board, trial panel chairpersons, Bar Counsel, Disciplinary Counsel and the attorney of record for the accused or the accused, if appearing without an attorney, shall have the authority to issue subpoenas. Subpoenas shall be issued and served in accordance with the Oregon Rules of Civil Procedure in the same manner as in a case pending in a circuit court. Any witness who testifies falsely, fails to appear when subpoenaed, or fails to produce any documents pursuant to subpoena, shall be subject to the same orders and penalties to which a witness before a circuit court is subject. Subpoenas issued pursuant to BR 4.5 may be enforced by application of the Bar or an accused to any circuit court. The circuit court shall determine what sanction to impose, if any, for noncompliance.

(c) Board Members as Witnesses. Current members of the Board of Governors shall not testify as witnesses in any Bar admission, discipline or reinstatement proceeding except pursuant to subpoena.

(d) Testimony. Witnesses shall testify under oath or affirmation administered by any member of the Disciplinary Board or by any person authorized by law to administer an oath.

(e) Transcript of Proceedings; Correction of Errors; Settlement Order. Every disciplinary hearing shall be transcribed. The transcription shall be certified by the person preparing it. The reporter shall give written notice to Disciplinary Counsel, Bar Counsel, and the accused of the filing of the transcripts with the trial panel chairperson. Within 14 days after the transcript is filed, the Bar [Counsel] or the accused may move the trial panel chairperson for an order to correct any errors appearing in the transcript. A copy of such motion shall be mailed to the Bar [Counsel] or the accused, as the case may be. Within 7 days the Bar [Counsel] or the accused, as the case may be, may file a response to the motion with the trial panel chairperson. The trial panel chairperson shall thereafter direct the making of such corrections as may be appropriate. Upon the denial of a motion to correct the transcript or upon the making of such corrections as may be directed by the trial panel chairperson, an order settling the transcript shall be entered in the record by the trial panel chairperson with copies thereof mailed to Disciplinary Counsel, Bar Counsel and the accused.

Rule 5.4    Hearing Date; Continuances. The hearing date shall be established by the trial panel chairperson [as provided in] and shall be not less than 63 days nor more than 182 days from the date the pleadings are received by the trial panel chairperson pursuant to BR 2.4(h). Continuances of the hearing date may be granted by the trial panel chairperson at any time prior to the hearing, or by the trial panel, at the time of the hearing, only upon a showing of compelling necessity therefor; but in no event shall continuances granted the Bar or the accused exceed 56 days in the aggregate.

Rule 5.8    Default.

(a) Failure to Answer or Appear. If an accused lawyer fails to resign or file an answer to a formal complaint within the time allowed by these rules, or if an accused lawyer fails to appear at a hearing set pursuant to BR 2.4(h), the trial panel, or the regional chairperson if a trial panel has not been appointed, may enter an order in the record finding the accused in default under this rule. The trial panel [may] shall thereafter deem the allegations in the formal complaint to be true. The trial panel shall thereafter proceed to render its written opinion based on the formal complaint, or at the discretion of the trial panel, after considering evidence or legal authority limited to the issue of sanction. Following entry of an order of default, the accused shall not be entitled to further notice in the disciplinary proceeding under consideration, except as may be required by these rules or by statute. The trial panel shall not, absent good cause, continue or delay proceedings due to an accused's failure to answer or appear.

(b) Setting Aside Default. At any time prior to a trial panel rendering its written opinion, the trial panel may set aside an order of default upon a showing by the accused that the accused's failure to resign, answer or appear timely was the result of mistake, inadvertence, surprise or excusable neglect. After a trial panel opinion is rendered, a motion to set aside an order of default must be filed with the Supreme Court.

BR 5.9    Attorney Assistance Evidence.

(a) Definition. For the purposes of this rule, an "attorney assistance program" is any treatment, counseling, training or remedial service, created under ORS [9.545] 9.568 or otherwise, designed to provide assistance to attorneys who are suffering from impairment or other circumstances which may adversely affect their professional competence or conduct, or to provide advice and training to attorneys in practice management.

(b) Use of Evidence by Accused. Subject to the provisions of BR 5.1(a) and this rule, the accused may offer evidence at a disciplinary hearing concerning the accused's participation in or communication with an attorney assistance program. If the accused fails to provide timely notice to Disciplinary Counsel as required under BR 5.9(c), the accused may not offer evidence of the accused's participation in or communication with an attorney assistance program at the hearing.

(c) Prior Notice. If the accused intends to offer evidence at a hearing concerning the accused's participation in or communication with an attorney assistance program, the accused shall give written notice to Disciplinary Counsel of such intent, not less than 63 days prior to the date the hearing is scheduled to commence. For good cause shown, the trial panel chairperson may permit the accused to give the notice within a shorter period of time. The notice shall specify the identity of the attorney assistance program, the nature of the evidence that will be offered, the names of the service providers with whom the accused dealt, and the names and addresses of witnesses the accused intends to call to present the evidence. The notice shall also include the consent or waiver required by BR 5.9(d). The accused shall provide a copy of the notice to the attorney assistance program.

(d) Discovery. In the event the accused provides a notice to Disciplinary Counsel under BR 5.9(c), Disciplinary Counsel may conduct discovery concerning the accused's participation in or communication with the attorney assistance program. The accused shall provide any consent or waiver necessary to permit Disciplinary Counsel to obtain discovery from the attorney assistance program or its service providers at the time the accused provides the notice required by BR 5.9(c). Questions regarding the permissible scope of discovery under this rule shall be resolved by the trial panel chairperson on motion pursuant to BR 4.5(c).

(e) Discovery not Public. Records and information obtained by Disciplinary Counsel through discovery under this rule shall not be subject to public disclosure, and shall be disclosed by the parties only in the disciplinary proceeding.

(f) Use of Evidence by Bar. The Bar shall have the right to introduce evidence obtained through discovery under this rule only if the accused introduces evidence of participation in or communication with an attorney assistance program.

(g) Enforcement. The trial panel chairperson may issue a protective order and impose sanctions to enforce this rule pursuant to BR 4.5(d) and (e).

(a) Disciplinary Proceedings. The dispositions or sanctions in disciplinary proceedings [shall include] are

(i) dismissal of any charge or all charges;

(ii) public reprimand;

(iii) suspension for periods from 30 days to three years in disciplinary proceedings commenced by formal complaint before January 1, 1996;

(iv) suspension for periods from 30 days to five years in disciplinary proceedings commenced by formal complaint after December 31, 1995;

(v) a suspension for any period designated in BR 6.1(a)(iii) or BR 6.1(a)(iv) which may be stayed in whole or in part on the condition that designated probationary terms are met; or

(vi) disbarment[;].

In conjunction with a disposition or sanction referred to in this rule, an accused may be required to make [(vii)] restitution of some or all of the money, property or fees received by the [attorney] accused in the representation of a client[;], or [(viii)] reimbursement to the Client Security Fund.

(b) Contested Admission Proceedings. In contested admission cases a determination shall be made whether the applicant shall be

(i) denied admission;

(ii) admitted conditionally, subject to probationary terms; or

(iii) admitted unconditionally.

(c) Contested Reinstatement Proceedings. In contested reinstatement cases a determination shall be made whether the applicant shall be

(i) denied reinstatement;

(ii) reinstated conditionally, subject to probationary terms; or

(iii) reinstated unconditionally.

(d) Time Period Before Application and Reapplication. The court may require an applicant whose admission or reinstatement has been denied to wait a period of time designated by the court before reapplying for admission or reinstatement.

(e) Effect of Disbarment. An attorney disbarred as a result of a disciplinary proceeding commenced by formal complaint before January 1, 1996, may not apply for reinstatement until five years has elapsed from the effective date of his or her disbarment. An attorney disbarred as a result of a disciplinary proceeding commenced by formal complaint after December 31, 1995, shall never be eligible to apply and shall not be considered for admission under ORS 9.220 or reinstatement under Title 8 of these rules.

Rule 6.2    Probation.

(a) Authority in Disciplinary Proceedings. Upon determining that an accused should be suspended, the trial panel may decide that the execution of the suspension shall be stayed, in whole or in part, and that the accused shall be placed on probation for a period no longer than three years. The imposition of a probationary term shall not affect the criteria established by statute and these rules for the review of decisions of trial panels by the Supreme Court. Probation, if ordered, may be under such conditions as the trial panel or the Supreme Court considers appropriate. Such conditions may include, but are not limited to, requiring alcohol or drug treatment; requiring medical care; requiring psychological or psychiatric care; requiring professional office practice or management counseling; and requiring periodic audits or reports. In any case where an attorney is placed on probation pursuant to this rule, the state chairperson of the Disciplinary Board or the Supreme Court may appoint a suitable person or persons to supervise the probation. Cooperation with a person or persons so appointed shall be a condition of the probation.

(b) Authority in Contested Reinstatement Proceedings. Upon determining that an applicant should be readmitted to membership in the Oregon State Bar, the trial panel may decide to place the applicant on probation for a period no longer than three years. The probationary terms may include, but are not limited to, those provided in BR 6.2(a). The Supreme Court may adopt, in whole or in part, the decision of the trial panel regarding probation and enter an appropriate order upon a review of the proceeding. The court may appoint a suitable person or persons to supervise the probation. Cooperation with a person or persons so appointed shall be a condition of the probation. An attorney placed on probation pursuant to this rule may have his or her probation revoked for a violation of any probationary term by petition of Disciplinary Counsel in accordance with the procedures set forth in BR 6.2(d). An attorney whose probation is revoked shall be suspended from the practice of law until further order of the court.

(c) Disciplinary Board. In all cases where the trial panel determines that the accused should be suspended and the determination is not reviewed by the Supreme Court, thereby resulting in such determination becoming final, the decision that the accused be placed on probation under the conditions specified in the trial panel's opinion shall be deemed adopted and made a part of the determination.

(d) Revocation. Disciplinary Counsel may petition the [trial panel before whom the matter was originally heard, if available, or before a panel convened for that purpose by the chairperson in the region in which the original proceeding was held,] state chairperson of the Disciplinary Board or the Supreme Court, as the case may be, to revoke the probation of any attorney for violation of any probationary term imposed by a trial panel or the Supreme Court. The [trial panel] state chairperson or court may order the attorney to appear and show cause, if he or she has any, why the attorney's probation should not be revoked and the original sanctions imposed. The state chairperson or the court, as the case may be, may appoint a trial panel of the Disciplinary Board to conduct the show cause hearing and report back to the state chairperson or the court. The state chairperson or the court, as the case may be, shall thereafter rule on the petition. A petition for revocation of an attorney's probation shall not preclude the Bar from filing independent disciplinary charges based on the same conduct as alleged in the petition.

Rule 8.1 Reinstatement -- Formal Application Required.

(a) Applicants. Any person who has been a member of the Bar, but who has

(i) resigned under Form A of these rules more than five years prior to the date of application for reinstatement and who has not been a member of the Bar during such period; or

(ii) resigned under Form B of these rules prior to January 1, 1996; or

(iii) been disbarred as a result of a disciplinary proceeding commenced by formal complaint before January 1, 1996; or

(iv) been suspended for misconduct for a period of more than six months; or

(v) been suspended for misconduct for a period of six months or less but has remained in a suspended status for a period of more than six months prior to the date of application for reinstatement; or

(vi) been enrolled voluntarily as an inactive member for more than five years; or

(vii) been involuntarily enrolled as an inactive member; or

(viii) been suspended for [failure to pay the Professional Liability Fund assessment, Client Security Fund assessment, or membership fees or penalties] any reason and has remained in that status more than five years, and who desires to be reinstated as an active member or to resume the practice of law in this state shall be reinstated as an active member of the Bar only upon formal application and compliance with the Rules of Procedure in effect at the time of such application. Applicants for reinstatement under this rule must file a completed application with the Bar on a form prepared by the Bar for such purpose. The applicant shall attest that the applicant did not engage in the practice of law except where authorized to do so during the period of the applicant's inactive status, suspension, disbarment or resignation. A reinstatement to inactive status shall not be allowed under this rule. The application for reinstatement of a person who has been suspended for a period exceeding six months shall not be made earlier than three months before the earliest possible expiration of the period specified in the court's opinion or order of suspension.

(b) Required Showing. Each applicant under this rule must show that the applicant has good moral character and general fitness to practice law and that the resumption of the practice of law in this state by the applicant will not be detrimental to the administration of justice or the public interest. No applicant shall resume the practice of law in this state or active membership status unless all the requirements of this rule are met.

(c) Learning and Ability. In addition to the showing required in BR 8.1(b), each applicant under this rule who has remained in a suspended or resigned status for more than three years or has been enrolled voluntarily or involuntarily as an inactive member for more than five years must show that the applicant has the requisite learning and ability to practice law in this state. The Board may recommend and the Supreme Court may require as a condition precedent to reinstatement that the applicant take and pass the bar examination administered by the Board of Bar Examiners, or successfully complete a prescribed course of continuing legal education. Factors to be considered in determining an applicant's learning and ability include, but are not limited to: the length of time since the applicant was an active member of the Bar; whether and when the applicant has practiced law in Oregon; whether the applicant practiced law in any jurisdiction during the period of the applicant's suspension, resignation or inactive status in this state; and whether the applicant has participated in continuing legal education activities during the period of suspension or inactive status in this state.

(d) Fees. In addition to the payments required in BR 8.6, an applicant under this rule shall pay at the time the application for reinstatement is filed, an application fee of $400.

Rule 8.6 Other Obligations Upon Application.

(a) Financial Obligations. Each applicant under BR 8.1 through 8.5 shall pay to the Bar, at the time the application for reinstatement is filed, all past due assessments, fees and penalties owed to the Bar for prior years, and the membership fee and Client Security Fund assessment for the year in which the application for reinstatement is filed, less any active or inactive membership fees or Client Security Fund assessment paid by the applicant previously for the [same] year of application. Each applicant under BR 8.1(a)(i), BR 8.1(a)(viii), BR 8.2(a)(i) or BR 8.2(a)(iii) shall also pay to the Bar, at the time of application, an amount equal to the inactive membership fee for each year the applicant remained suspended or resigned and for which no membership fee has been paid. Each applicant shall also pay, upon [admission] reinstatement, any applicable assessment to the Professional Liability Fund.

(b) Judgment for Costs; Client Security Fund Claim. Each applicant shall also pay to the Bar, at the time of application:

(i) any unpaid judgment for costs and disbursements assessed in a disciplinary or contested reinstatement proceeding; and

(ii) an amount equal to any claim paid by the Client Security Fund due to the applicant's conduct, plus accrued interest thereon.

(c) Refunds. In the event an application for reinstatement is denied, the Bar shall refund to the applicant [all] the membership fees and assessments paid [at] for the year the [time of] application was filed, less the membership fees and assessments that applied during any temporary reinstatement under BR 8.7.

(d) Adjustments. In the event an application for reinstatement is filed in one year and not acted upon until the following year, the applicant shall pay to the Bar, prior to reinstatement, any increase in membership fees or assessments since the date of application. If a decrease in membership fees and assessments has occurred, the Bar shall refund the decrease to the applicant.

Rule 8.9    Procedure on Referral by Court. On receipt of notice of a referral to the Disciplinary Board under BR 8.8, Disciplinary Counsel [shall] may appoint Bar Counsel to represent the Bar. Disciplinary Counsel or Bar Counsel shall prepare and serve on the applicant a statement of objections. The statement of objections shall be substantially in the form set forth in BR 12.5.

Rule 9.1    Resignation. An attorney may resign by filing with Disciplinary Counsel[, in duplicate original,] a resignation in writing which shall be effective only on acceptance by the court. If no charges, allegations or instances of alleged misconduct involving the attorney are under investigation by the Bar, and no disciplinary proceedings are pending against the attorney, the resignation must be on the form set forth in BR 12.6. If charges, allegations or instances of alleged misconduct involving the attorney are under investigation by the Bar, or if disciplinary proceedings are pending against the attorney, the resignation must be on the form set forth in BR 12.7.

Rule 9.2    Acceptance Of Resignation. Disciplinary Counsel shall promptly forward [a duplicate original of] the resignation to the State Court Administrator for submission to the court. Upon acceptance of the resignation by the court, the name of the resigning attorney shall be stricken from the roll of attorneys; and he or she shall no longer be entitled to the rights or privileges of an attorney, but shall remain subject to the jurisdiction of the court with respect to matters occurring while he or she was an attorney. Unless otherwise ordered by the court, any pending investigation of charges, allegations or instances of alleged misconduct by the resigning attorney shall, on the acceptance by the court of his or her resignation, be closed, as shall any pending disciplinary proceeding against the attorney.

Rule 10.1    Disciplinary Proceedings. Upon the conclusion of a disciplinary hearing, the trial panel, pursuant to BR 1.8, shall file its written opinion with Disciplinary Counsel [who shall] and mail a copy to Bar Counsel and the accused. The trial panel shall file a copy of its opinion with the State Court Administrator. If the decision of the trial panel finds the accused not guilty of all alleged misconduct or determines that the accused shall be disciplined by reprimand or suspension from the practice of law not to exceed 6 months, the Bar, through the SPRB, or the accused may seek review of the matter by the Supreme Court; otherwise, the decision of the trial panel shall be final on the 29th day following the mailing of the trial panel opinion by Disciplinary Counsel. If the decision of the trial panel is to suspend the accused for a period longer than 6 months or to disbar the accused, the matter shall be reviewed by the Supreme Court.

Rule 10.2    Contested Admission And Reinstatement Proceeding. Upon the conclusion of a contested reinstatement hearing, the trial panel shall file its written opinion with Disciplinary Counsel and mail a copy to the applicant and the State Court Administrator. Upon the conclusion of a character review proceeding conducted by the BBX, the BBX shall file its decision, accompanied by the record, with the State Court Administrator. Each such admissions and reinstatement matter shall be reviewed by the Supreme Court.

Rule 10.3    Request For Review. Within 28 days after Disciplinary Counsel has acknowledged, as required by BR 2.4(i)(5), receipt of a trial panel opinion [is mailed by Disciplinary Counsel] finding the accused not guilty or imposing discipline by reprimand or suspension not to exceed 6 months, the Bar or the accused may file with Disciplinary Counsel and the State Court Administrator a request for review as set forth in BR 12.8.

Rule 12.1    Formal Complaint. A formal complaint in a disciplinary proceeding shall be in substantially the following form:

For its first cause of complaint, the Oregon State Bar alleges:

1.

The Oregon State Bar was created and exists by virtue of the laws of the State of Oregon and is, and at all times mentioned herein was, authorized to carry out the provisions of ORS Chapter 9, relating to discipline of attorneys.

2.

The Accused, ________________________, is, and at all times mentioned herein was, an attorney at law, duly admitted by the Supreme Court of the State of Oregon to practice law in this state and a member of the Oregon State Bar, having his [her] office and place of business in the County of ________________, State of ________________.

3. et seq.

(State with certainty and particularity the actions of the Accused alleged to be in violation of the disciplinary rules or statutes, including time, place and transaction, if necessary.)

4. (or next number)

The aforesaid conduct of the Accused violated the following standard[s] of professional conduct established by law and by the Oregon State Bar: (insert applicable disciplinary rules and statutes).

AND, for its second cause of complaint against said Accused, the Oregon State Bar alleges:

5. (or next number)

Incorporates by reference as fully set forth herein Paragraphs _____, _____, _____, and _____ of its first cause of complaint.

6. (or next number)

(State with certainty and particularity the actions of the Accused alleged to be in violation of the disciplinary rules or statutes, including time, place and transaction, if necessary.)

7. (or next number)

The aforesaid conduct of the Accused violated the following standard[s] of professional conduct established by law and by the Oregon State Bar: (insert applicable disciplinary rules and statutes).

AND, for its third cause of complaint against said Accused, the Oregon State Bar alleges:

8. (or next number)

Incorporates by reference as fully set forth herein Paragraphs _____, _____, _____, _____, and _____ of its first cause of complaint and Paragraphs _____, _____, _____, and _____ of its second cause of complaint.

9. (or next number)

(State with certainty and particularity the actions of the Accused alleged to be in violation of the disciplinary rules or statutes, including time, place and transaction, if necessary.)

10. (or next number)

The aforesaid conduct of the Accused violated the following standard[s] of professional conduct established by law and by the Oregon State Bar: (insert applicable disciplinary rules and statutes).

WHEREFORE, the Oregon State Bar demands that the Accused make answer to this complaint; that a hearing be set concerning the charges made herein; that the matters alleged herein be fully, properly and legally determined; and pursuant thereto, such action be taken as may be just and proper under the circumstances.

DATED this ___ day of ___, 200_

OREGON STATE BAR
By:
[Executive Director] Disciplinary Counsel

Rule 12.2    Notice to Answer. A copy of the formal complaint (statement of objections), accompanied by a notice to answer it within a designated time, shall be served on the accused (applicant). Such notice shall be in substantially the following form:

(Heading as in complaint/statement of objections)

NOTICE TO ANSWER

You are hereby notified that a formal complaint against you (statement of objections to your admission) (statement of objections to your reinstatement) has been filed by the Oregon State Bar, a copy of which formal complaint (statement of objections) is attached hereto and served upon you herewith. You are further notified that you may file with Disciplinary Counsel your verified answer within fourteen (14) days from the date of service of this notice upon you. In case of your default in so answering, the formal complaint (statement of objections) shall be heard and such further proceedings had as the law and the facts shall warrant.

(The following paragraph shall be used in a disciplinary proceeding only:)

You are further notified that you may, in lieu of filing your answer at this time, elect to file with Disciplinary Counsel of the Oregon State Bar, your written resignation from membership in the Oregon State Bar. You are not required or compelled to submit a resignation. You should consult an attorney of your choice before electing to do so. If you elect to resign, a resignation (Form B) in substantially the form appended hereto must be completed, executed, witnessed and filed with Disciplinary Counsel within the time granted to you for answer to the complaint. If your resignation is filed in substantially the form appended hereto, it will be submitted by Disciplinary Counsel to the Supreme Court of the State of Oregon, since that body only may accept a resignation. If you elect to resign, please refer to the attached formal complaint, incorporate it by reference in the resignation form and insert in the resignation form your current, correct residence address. If your resignation is accepted by the Supreme Court, you need not file an answer.

The address of the Oregon State Bar is 5200 S.W. Meadows Road, P.O. Box 1689, Lake Oswego, Oregon 97035-0889.

DATED this ___ day of ___, 200_

OREGON STATE BAR
By:
[Executive Director] Disciplinary Counsel

Rule 12.5    Statement Of Objections To Reinstatement. In a contested admission proceeding, the statement of objections shall be in substantially the following form:

IN THE SUPREME COURT
OF THE STATE OF OREGON

The Oregon State Bar objects to the qualifications of the Applicant for reinstatement on the ground and for the reason that the Applicant has not shown, to the satisfaction of the Board of Governors, that he [she] has the good moral character or general fitness required for readmission to practice law in Oregon, that his (her) readmission to practice law in Oregon will be neither detrimental to the integrity and standing of the Bar or the administration of justice, nor subversive to the public interest, or that he (she) is, in all respects, able and qualified, by good moral character and otherwise, to accept the obligations and faithfully perform the duties of an attorney in Oregon, in one or more of the following particulars:

1.

The Applicant does not possess good moral character or general fitness to practice law, in that the Applicant, __________________________ (state the facts of the matter)

2.

(Same)

3.

(Same)

WHEREFORE, the Oregon State Bar requests that the recommendation of the Board of Governors to the Supreme Court of the State of Oregon in this matter be approved and adopted by the Court and that the application of the Applicant for reinstatement as an active member of the Oregon State Bar be denied.

DATED this ___ day of ___, 200_

OREGON STATE BAR
By:
[Executive Director] Disciplinary Counsel

Rule 12.7 Form B Resignation.

IN THE SUPREME COURT
OF THE STATE OF OREGON

I, _________________________, being duly sworn on oath, depose and say that my principal office for the practice of law or other business is located at ____________________________ (Building No. and Name, if any, or Box No.), _____________________________________________ (Street address, if any), ____________________ (City), _______________ (State), ________ (Zip Code); that my residence address is _______________________________________________________ (No. and Street), ____________________ (City), _______________ (State), ________ (Zip Code), and that I hereby tender my resignation from membership in the Oregon State Bar and request and consent to my removal from the roster of those admitted to practice before the courts of this state and from membership in the Oregon State Bar.

I am aware that there is pending against me a formal complaint concerning alleged misconduct and/or that complaints, allegations or instances of alleged misconduct by me are under investigation by the Oregon State Bar and that such complaints, allegations and/or instances include:

[(Brief description of alleged misconduct, including designation of provisions of Code of Professional Responsibility and statutes, if any, violated and incorporation by reference of any formal complaint in a pending disciplinary proceeding.)] (List of formal complaints, proceedings or investigations pending.)

I do not desire to contest or defend against the above described complaints, allegations or instances of alleged misconduct. I am aware of the rules of the Supreme Court and of the bylaws and rules of procedure of the Oregon State Bar with respect to admission, discipline, resignation and reinstatement of members of the Oregon State Bar. I understand that any future application by me for reinstatement as a member of the Oregon State Bar is currently barred by BR 9.4, but that should such an application ever be permitted in the future, it will be treated as an application by one who has been disbarred for misconduct, and that, on such application, I shall not be entitled to a reconsideration or reexamination of the facts, complaints, allegations or instances of alleged misconduct upon which this resignation is predicated. I understand that, on its filing in this court, this resignation and any supporting documents, including those containing the complaints, allegations or instances of alleged misconduct, will become public records of this court, open for inspection by anyone requesting to see them.

This resignation is freely and voluntarily made; and I am not being, and have not been, subjected to coercion or duress. I am fully aware of all the foregoing and any other implications of my resignation.

I hereby certify that all client files and client records in my possession have been or will be placed promptly in the custody of _____________ _____________, a resident Oregon attorney, whose principal office address is _________________________________________, and that all such clients have been or will be promptly notified accordingly.

DATED at __, this ___ day of ___, 200_

(Signature of Attorney)

Subscribed and sworn to before me
this ___ day of ___, 200_

Notary Public for Oregon
My Commission Expires:

Rule 12.9    Compliance Affidavit. A compliance affidavit filed under BR 8.3 shall be in substantially the following form:

COMPLIANCE AFFIDAVIT

In re: Application of

_______________     ___________________
(Name of attorney)        (Bar number)

For reinstatement as an active/inactive (circle one) member of the OSB.

1. Full name ________________
Date of Birth ___________

2.a. Residence address ______________________________
Telephone _________________

3. I hereby attest that during my period of [disqualification] suspension from the practice of law [due to suspension, resignation, inactive membership (circle one)] from __________ to __________, (insert dates) I did not at any time engage in the practice of law except where authorized to do so.

4. I also hereby attest that I complied as directed with the following terms of probation: (circle applicable items)

a. abstinence from consumption of alcohol and mind-altering chemicals/drugs, except as prescribed by a physician

b. attendance at Alcoholics Anonymous meetings

c. cooperation with Chemical Dependency Program

d. cooperation with State Lawyers Assistance Committee

e. psychiatric/psychological counseling

f. passed Multi-State Professional Responsibility exam

g. attended law office management counseling and/or programs

h. other - (please specify) ________________________

i. none required

I, _________________________________, the undersigned, being first duly sworn, depose and say that the above answers are true and correct as I verily believe.

______________________
(Name)

Subscribed and sworn to before me
this ___ day of ___, 200_

____________________________
Notary Public in and for
the State of Oregon
My Commission Expires: _________

DATED this 5th day of February, 2001

Wallace P. Carson, Jr.
Chief Justice